what's Wife's Physical presence rule after out of USA for more than 365 days?

[mrgodai]

My Wife (green card holder 6 years) was out of the USA for more than 365 days. Does she need to follow the 4 years 1 day rule or 2 years 1 days rule (spouse) before applying N400? I called USCIS and was told 4 years 1 day, which doesnt seem to follow the guideline on the USCIS site.

[krypton9591]

My Wife (green card holder 6 years) was out of the USA for more than 365 days. Does she need to follow the 4 years 1 day rule or 2 years 1 days rule (spouse) before applying N400? I called USCIS and was told 4 years 1 day, which doesnt seem to follow the guideline on the USCIS site.

How long had she resided in the US before she left? and what were the circumstances as to why she left and never came back until after a year? if USCIS is saying 4*** then chances are that's what it is. but we would need more info to provide you with an accurate answer

[newacct]

My Wife (green card holder 6 years) was out of the USA for more than 365 days. Does she need to follow the 4 years 1 day rule or 2 years 1 days rule (spouse) before applying N400? I called USCIS and was told 4 years 1 day, which doesnt seem to follow the guideline on the USCIS site.

If she is naturalizing under the 5-year rule, she can file 4 years and 1 day after she came back. If she is naturalizing under the 3-year rule (i.e. she has been married to a US citizen for 3 years), she can file 2 years and 1 day after she came back.

[mrgodai]

How long had she resided in the US before she left? and what were the circumstances as to why she left and never came back until after a year? if USCIS is saying 4*** then chances are that's what it is. but we would need more info to provide you with an accurate answer

If she is naturalizing under the 5-year rule, she can file 4 years and 1 day after she came back. If she is naturalizing under the 3-year rule (i.e. she has been married to a US citizen for 3 years), she can file 2 years and 1 day after she came back.

Thank you so much for the replies!

She's been in the US for 5 years with green card before she left. There were too many things happening during these 5 years that we didn't find the time to look into N400.

She left for a year because we decided to have the baby born in our native country. she staysed until baby is 6 months old since the doctor said this is the best earliest time for infant to travel. We werent aware of the 365 days rule and she stayed 10 days too long.

She seem to meet all the guidelines that falls under https://www.uscis.gov/us-citizenship...es-us-citizens
But I dont get why USCIS is telling me i have to wait 4 years 1 day.

[newacct]

Thank you so much for the replies!

She's been in the US for 5 years with green card before she left. There were too many things happening during these 5 years that we didn't find the time to look into N400.

She left for a year because we decided to have the baby born in our native country. she staysed until baby is 6 months old since the doctor said this is the best earliest time for infant to travel. We werent aware of the 365 days rule and she stayed 10 days too long.

She seem to meet all the guidelines that falls under https://www.uscis.gov/us-citizenship...es-us-citizens
But I dont get why USCIS is telling me i have to wait 4 years 1 day.

The people who pick up the phone are not well informed. If she has been married to you for at least 3 years and you have been a citizen for at least 3 years, she can apply once she has been back for 2 years and 1 day, assuming she hasn't interrupted continuous residence since she came back, and she has been physically present 1.5 of the last 3 years.

[mrgodai]

The people who pick up the phone are not well informed. If she has been married to you for at least 3 years and you have been a citizen for at least 3 years, she can apply once she has been back for 2 years and 1 day, assuming she hasn't interrupted continuous residence since she came back, and she has been physically present 1.5 of the last 3 years.

thanks!!!